Quarantine & self-isolation: leave options for salon owners + staff.

Home / HABA Blog / Quarantine & self-isolation: leave options for salon owners + staff.

Posted February 10, 2021

As the coronavirus continues to disrupt business operations across the country, salon owners need to stay on top of their obligations to staff throughout this challenging period. As we have seen breakout cases occur across several states in the past few weeks, we have heard from our members that they are unclear about what their obligations are for leave for staff.

Here is everything you need to know about leave options for quarantine and self-isolation caused by the Corona Virus.

 

Applying for leave

Any employee must tell their employer of any intention to take leave because of the coronavirus as soon as possible. We encourage all salon owners to set this standard of communication with their team to ensure that in any instance where your staff need to isolate or get tested you are informed and can make the appropriate business decisions.The employee must inform you, in writing:

• that they are taking unpaid pandemic leave (for more information, see below)
• the reason for taking the leave (eg. Isolation because of exposure to someone who has contracted COVID-19)
• how long they expect to be off work.

An employer can ask their employee to give evidence that shows why they took the leave, such as a doctor’s certificate or receipt of coronavirus test.

Employees who can’t go to work because of coronavirus

Employees have a responsibility, under workplace health and safety laws, to take reasonable care not to adversely affect the health and safety of others at work. This means that an employee can’t be dismissed or injured in their employment if they need to quarantine or self-isolate to avoid the risk of spreading the virus in the workplace. Find out more about protections at work.

 

Employees can’t go to work if they need to quarantine or self-isolate because they:

• Have been diagnosed with coronavirus
• Have been close contact with someone who has been diagnosed with coronavirus
• Need to get tested or are waiting for a coronavirus test result
• Are prohibited from leaving their home due to a state-wide or area-wide lockdown
• Have arrived from overseas or interstate and need to self-isolate due to state or federal government recommendations

If an employee can’t work because they have to quarantine or self-isolate, they should contact their employer immediately to discuss their leave options. As flexible working options are reduced (if any) in the hair and beauty industry, some form of leave is likely to be taken.

Employees can also request not to go to work because of a health condition that puts them at higher risk of getting coronavirus. Allowing this is, however, at the discretion of the salon owner and any agreement on this matter must be arranged in advance. If an employee does not come to an arrangement with their employer, or does not use paid leave, then they aren’t entitled to be paid for choosing not to work.

 

Unpaid pandemic leave during quarantine and self-isolation

Some employees have access to unpaid pandemic leave.

Employees who are employed under the Hair and Beauty Award 2010 can access up to 2 weeks of unpaid pandemic leave (or more by agreement with their employer) if they cannot work:

• Because they need to self-isolate as per recommendations from state or federal government or medical authorities, or on the advice of a medical practitioner; or
• Because of measures taken by government or medical authorities in response to the pandemic (for example, any state-level lockdown closing non-essential businesses).

The leave is available to full-time, part-time and casual employees in full immediately. They do not have to accrue it.

Employees do not have to use all their paid leave before accessing unpaid pandemic leave.

All eligible employees can take the 2 weeks’ leave. It is not pro-rated for employees who don’t work full-time.
It’s important to note that an employer ca not refuse unpaid pandemic leave, or dismiss an employee, or take any other adverse action against the employee because the employee is entitled to unpaid pandemic leave.

Unpaid pandemic leave does not affect other leave entitlements and counts as service for entitlements under both the National Employment Standards and the Hair and Beauty Award 2010.  This means that all their leave entitlements such as annual leave and personal leave will continue to accrue during a period that they are on unpaid pandemic leave.

Full time or part time employees who are diagnosed with COVID-19 and become unwell will have access to paid personal leave, subject to the usual rules regarding notice and evidence.

While we understand how hard these times are for members, and how difficult the past 12 months have been for salons, we encourage our members to be empathetic during these times.

If you’ve got any questions at all, remember you can always #askhaba

Just phone us on (02) 9221 9911 or email info@askhaba.com.au and one of our team of advisers will be in touch as soon as we can.